City of Bolivar, MO
Polk County
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Table of Contents
Table of Contents

Section 145.010 Adopting A Bidding/Purchasing Procedure.

[R.O. 2007 §180.010; Ord. No. 1810, 8-13-1998; Ord. No. 2637, 7-13-2006; Ord. No. 2659, 10-12-2006; Ord. No. 2720, 5-10-2007; Ord. No. 2891 §I, 10-8-2009; Ord. No. 3059 §I, 9-13-2012]
A. 
Purchasing Procedure.
1. 
All purchases of goods and/or services in an amount that is in excess of five hundred dollars ($500.00) will be made on purchase orders or contract with a supporting ordinance. When a purchase order is used, the City Administrator or Mayor shall sign and the City Clerk's office shall attest that the appropriate amount of money has been budgeted for the amount of the purchase order and sufficient funds are available. All purchases of goods and/or services in an amount that is five hundred dollars ($500.00) or less may be made by oral or written order by the City Administrator, Mayor, a department head or such other persons as the City Administrator or Mayor may authorize in writing. If a person other than the City Administrator or the Mayor purchases goods or services in an amount that is five hundred dollars ($500.00) or less, such person must first verify with the City Clerk that the appropriate amount of money has been budgeted and is available for the purchase before the transaction is made. An invoice, statement or other written statement of the goods and/or services purchased without a purchase order shall be provided to the City Administrator within one (1) business day after the purchase is made.
2. 
The City Administrator or, if the City Administrator is unavailable then the Mayor, is hereby authorized to purchase for the City of Bolivar (without bid) any goods and/or services for the safe and efficient operation of the City that does not exceed ten thousand dollars ($10,000.00) for any one (1) item or quantity of service; provided that the purchase of such item or service is budgeted for the fiscal year in which such item or service is required to be paid.
B. 
Bidding Procedure. When there is a need for the purchase of goods or services for the City of Bolivar and the cost thereof is estimated to exceed ten thousand dollars ($10,000.00), (or in case the personnel having the purchasing authority shall determine that soliciting bids is in the best interests of the City even if the estimated cost is estimated to be less than ten thousand dollars ($10,000.00)), the following bidding procedure shall be utilized:
1. 
Preparation of specifications. Minimum specifications shall be prepared by appropriate City personnel or contractors, presented to the City Administrator or in his/her absence to the Mayor for review and approval, a determination made by the City Administrator or in his/her absence by the Mayor that the purchase has been duly budgeted and that funds are available from which payment may be made for the goods or services proposed to be purchased, and a request and notice for bids prepared. If more precise specifications are needed or required, a vendor or vendors may be contacted for that purpose. Bid forms, documents and specific instructions, if required, will be provided by the City of Bolivar.
2. 
Requests for proposals (bids). At the discretion of the City Administrator there may be published in the local newspaper, a minimum of one (1) week prior to the time sealed bids are due, a request for proposals from interested bidders. The ad will provide an explanation and/or description of the item (2) or service for which the bids are being requested. The request for proposals shall specify where information shall be obtained regarding the items or services to be bid; and will explain any other pertinent information (i.e., preference to minority contractors/suppliers, equal opportunity notices, etc.) The City Administrator may also use, either independently or together, the State Bid on the items/services in question and/or electronic bids collected over a network-bidding provider.
3. 
Pre-bid conference. For some projects (i.e., public works activities) a pre-bid conference may be necessary. If a pre-bid conference is considered to be necessary by the City Administrator, it will be held no less than one (1) week prior to the bid opening date. The City Administrator, Public Works Director and appropriate Department Foreman will meet with the prospective bidders to discuss the scope of the project and specifications of the bid. Questions concerning interpretation of plans or specifications shall be submitted, in writing, to the City Administrator. In the event any change is made in the plans or specifications, an addendum will be sent to all plan and specification holders.
4. 
Sealed bid opening. Properly executed and marked sealed bids will be received at City Hall, City of Bolivar, Attention City Clerk, P.O. Box 9, 345 S. Main St., Bolivar, MO. 65613 or other specified location, on the date and time specified. Sealed bids will be opened and read aloud by the City Administrator or other individual as designated by the City Administrator, at a date and time specified. All sealed bid openings will be open and accessible to the general public. All bids will be subject to review for accuracy and completeness by the City Administrator and or City Engineer/Consulting Engineer (when appropriate and necessary). Bids will be properly tabulated on "bid tab" forms provided by the City and presented for consideration by the Board of Aldermen at the next regularly scheduled meeting of the Board of Aldermen. Based on due consideration, the City Administrator and/or City Engineer/Consulting Engineer shall recommend the "lowest and best" bid based on individual features that might be offered for the price quoted over and in addition to, its statement of features desired, as set forth in the invitation to bid. The City reserves the right to reject a low cash bid and accept a higher bid if the equipment, in the judgment of the Board of Aldermen more nearly meets the needs of the City than the lowest priced equipment offered.
5. 
When time is of the essence. On occasion, a situation may arise when an item or service may be needed quickly before the bidding process heretofore described can be followed. In other circumstances the item to be purchased may be of such a nature that formal bidding is not practical because of the inability to devise specifications that would be common to multiple bidders. An example of the latter situation would be in connection with the purchase of a used vehicle or the purchase of a used piece of equipment, where attempting to develop specifications would be impossible or impractical inasmuch as the inventory of vehicles or equipment on hand at one (1) or more dealers or retailers would vary significantly from the inventory on hand for another dealer or retailer or other dealers or retailers. Should either of these situations occur, the City Administrator shall obtain no less than two (2) price quotations for goods or services that meet the requirement of the City. Such quotations may be provided by mail, facsimile transmission or electronic mail as the circumstances may justify and require. The City Administrator may also use, either independently or together, the State bid on the items and services in question and/or electronic bids collected over a network bidding provider with confirmation of such bid or bids received as quickly as possible by the City Administrator. Upon receipt of such quotations, the Mayor and Aldermen, who are available by telephone, will be contacted to obtain their oral approval or disapproval of a proposed purchase. If the Mayor and a majority of the Board of Aldermen orally consent to the purchase, the City Administrator shall be authorized to issue a purchase order consistent with the approval of the Mayor and the majority of the Board of Aldermen and such action shall be confirmed at the next regular or special meeting of the Board of Aldermen.
C. 
In no event shall the above policy override any State of Missouri laws to the contrary and is intended to comply with all bidding procedures for Fourth Class Cities of the State of Missouri.
D. 
Policy On Purchase Of American Products. It is the policy of the City of Bolivar to encourage the purchase of products manufactured or produced in the United States when the quality and price of such products are comparable with other goods.
1. 
On purchases in excess of two thousand dollars ($2,000.00), the municipal purchasing officers are encouraged to select products manufactured, assembled or produced in the United States if the quality and price are comparable with other goods.
2. 
Every contract for public works construction or maintenance in excess of twenty-five thousand dollars ($25,000.00) shall contain a provision encouraging the contractor to use American products in the performance of the contract whenever the quality and price are comparable with other goods.

Section 145.020 Exceptions To Bid Procedure.

A. 
Notwithstanding the provision of this Chapter, purchase of items or services pursuant to this Chapter may be made which are not in conformity with this Chapter under the following circumstances:
1. 
Single-source purchases. In the event there is only one (1) acceptable vendor capable of furnishing a particular service or commodity, the Purchasing Agent shall be authorized to procure such service or commodity without bidding. The Purchasing Agent shall document the particular facts which make the item a single-source purchase, and the City Administrator must approve the purchase. The reason for avoiding single-source purchases is to avoid bias or preference for a particular product made by a particular company.
2. 
Emergency purchases. Where an emergency situation requires immediate purchase of supplies or services and time is of the essence, the Purchasing Agent shall be authorized to procure the supplies or services needed without bidding. The Purchasing Agent shall maintain a written record of the circumstances surrounding emergency purchases and the City Administrator must approve the purchases. All emergency purchases in excess of five thousand dollars ($5,000.00) shall be documented and presented to the Board of Aldermen within ten (10) calendar days of the expenditure.
3. 
Situations calling for competitive negotiations. Where it can be demonstrated that the City receives the best value on a purchase through informal discussion and bargaining rather than through the conventional bidding process, the Purchasing Agent shall not be required to follow the conventional bidding process exclusively. Such purchases shall be documented by the Purchasing Agent and approved by the City Administrator or Mayor. Examples would include, but not be limited to, circumstances when time is a crucial factor, when the procurement involves high technology items, or when there is obvious inherent economy in purchasing from a particular vendor.
4. 
Cooperative purchasing. Established purchasing procedures should not apply to purchases made by, through, or with the Division of Procurement of the State of Missouri or any other governmental agency or unit with whom the City is permitted to engage in cooperative purchasing.
5. 
Confidential expenditures. Confidential expenditures such as payments to informants, purchase of materials as evidence (such as narcotics), or other uses as may be required by law enforcement personnel working in an undercover capacity cannot be subject to normal purchasing procedures. At such time as the circumstances require such expenditures to be made by the City, an imprest cash fund controlled by a bonded officer of the City shall be established. All disbursements made from such fund shall be approved by the Chief of Police and shall be documented by written vouchers showing date, amount, nature of expenditure, signature of requesting officer or agent, and approval of the Chief of Police.

Section 145.030 Payment of Certain Regular Recurring Expenses.

[Ord. No. 3094 §I, 8-27-2013]
A. 
Notwithstanding any provisions of this Chapter to the contrary, the City Clerk is authorized to pay the City's regular and recurring bills upon receipt of invoice or demand for payment without prior approval of the Board of Aldermen so long as the following conditions are met:
1. 
The service for the bill so paid pursuant to this Section is a monthly recurring service for which the City receives a monthly invoice or demand for payment; or
2. 
The bill so paid pursuant to this Section is for items and supplies regularly used in the day-to-day operations of the City; and
3. 
The service or supply for the bill so paid pursuant to this Section has been budgeted for the calendar year in which it is paid; and
4. 
The amount of the bill so paid pursuant to this Section does not exceed ten percent (10%) of the average monthly cost for the service or supply calculated as of the prior twelve (12) months from the month of receipt of invoice or demand for payment.
B. 
The City Clerk will provide a written monthly reporting to the Board of Aldermen of all of the City's bills and expenditures for the same.